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In a typical divorce, the court will distribute one-half of marital assets to each spouse, unless an equal division is inequitable. To determine if an equal division is inequitable, the judge will take into consideration the following factors:

  • Length of the marriage
  • Age, health, and station in life of each spouse
  • Occupation of each spouse
  • Amount and sources of income
  • Vocational skills
  • Employability
  • Estate, liabilities, needs, and opportunity for further acquisition of capital assets and income
  • Contribution in acquisition, preservation, or appreciation of marital property
  • Federal income tax consequences

If the judge rules for an unequal division of assets, he or she must state his or her basis and reasons and recite them in order.

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